Wifes Friend

[welshchris]

Hey Guys

I think ive seen something similar to this in the past but cant find it, my wife has a Thai friend married to UK National, Anyway they have been married and living in UK for the past 2/3 years she obtained a settlement visa and now has an indefinite stamp.

She has a national insurance number but recently he has started hitting her , she was asking if i knew that if she left her husband would she be able to stay in th UK as she can support herself?

She would prefer to stay in the UK (surprise surprise) but she has said that she would rather go back to Thailand than stay with him now.

So just wandering if anyone did know if she could stay in the UK?

Thanks

C

Edited December 30, 2004 by welshchris

[Richard W]

I think ive seen something similar to this in the past but cant find it,  my wife has a Thai friend married to UK National, Anyway they have been married and living in UK for the past 2/3 years she obtained a settlement visa and now has an indefinite stamp.

She has a national insurance number but recently he has started hitting her , she was asking if i knew that if she left her husband would she be able to stay in th UK as she can support herself?

She would prefer to stay in the UK (surprise surprise) but she has said that she would rather go back to Thailand than stay with him now.

So just wandering if anyone did know if she could stay in the UK?

<{POST_SNAPBACK}>

She's got indefinite leave to remain (ILR), so she can stay. It's not conditional on remaining a wife. She's under as much obligation to support herself as a native.

The biggest practical difference between citizenship by naturalisation and ILR is that in general ILR lapses after two years outside the UK. Of course, there are differences with regards admission to third countries.

[welshchris]

So is there no need to renew the indefinite leave stamp? If so will it matter that her circumstances have changed?

Cheers

[paully]

If she's been there for at least a year and has ILR she can remain in the UK on her own merits and even divorce the husband and apply for UK citizenship. He won't be able to have her forced out of the country. But, if she does leave him, I believe she should inform Immigration as a change in circumstances: no doubt, she would change her address too.

[ZOVOX]

Hey Guys

I think ive seen something similar to this in the past but cant find it,  my wife has a Thai friend married to UK National, Anyway they have been married and living in UK for the past 2/3 years she obtained a settlement visa and now has an indefinite stamp.

She has a national insurance number but recently he has started hitting her , she was asking if i knew that if she left her husband would she be able to stay in th UK as she can support herself?

She would prefer to stay in the UK (surprise surprise) but she has said that she would rather go back to Thailand than stay with him now.

So just wandering if anyone did know if she could stay in the UK?

Thanks

C

<{POST_SNAPBACK}>

Yes, i read the same thread as you, but cannot find it either. But, i remember everyone saying she could stay regardless of whether she was married to him or not. Also, does she have friends there that can help her ? If not, there are many charities that help battered wives - just go to the citizen's advice bureau and they will give her details, and give her a lot of contacts and assistance. Having a national insurance number, means she can get legal work and support hersef financially.

[the scouser]

So is there no need to renew the indefinite leave stamp?  If so will it matter that her circumstances have changed?

Cheers

<{POST_SNAPBACK}>

That's right, she doesn't need to renew her ILR and a change in circumstances has no bearing upon her entitlement to it. The only situations in which she can have it withdrawn are if either she commits a serious criminal offence or it can be shown that she obtained her leave by deception. As Richard pointed out, though, her entitlement would cease if she were to spend more than 2 years outside of the UK.

Cheers,

Scouse.